Grievance Case Summary - G-287-288-289-290-291-292

The Grievor dismissed an employee who then filed a harassment complaint against him for abuse of authority. The investigation report on this complaint indicated that there was indeed evidence of the merits of the complaint. Thus the Commanding Officer of the division made a decision that the complaint was founded and informed the Grievor accordingly. The Grievor grieved this decision. He also filed harassment complaints against his superiors but the investigator concluded that the complaints were ill-founded. The Grievor also presented a grievance, challenging the investigator's conclusions without waiting for the division Commanding Officer's decision on each of the complaints. At Level I, the grievances were ruled inadmissible.

The grievance of the decision regarding the harassment complaint against the Grievor is admissible because this decision affected the Grievor's reputation, thus adversely affecting him. The quality of the investigation on which the decision was based was thoroughly reviewed during an appeal of the disciplinary measures imposed on another employee included in this complaint and the conclusion was that this investigation had significant shortcomings. Thus the decision should be revoked. As to the other grievances, they were not admissible because the conclusions in the investigation report do not constitute a decision within the meaning of subsection 31(1) of the Act.

One of the grievances should be allowed; the others are inadmissible.

The Commissioner agreed with the Committee's analysis of the six grievances presented by the member and accepted its findings and recommendations.